DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1, 4, 16, and 21 are objected to because of the following informalities:
In claim 1, “the first and second” should be changed to --the first or second-- in line 5; and “and temperature measurements” should be deleted from the last line (it is not clear how the wires provide multiple degrees of freedom of movement of temperature measurements).
In claim 4, “is” should be changed to --being-- in line 4.
In claim 16, --a-- should be added before “temperature” in the last line; and there is lack of structural relationship between the heat source, as recited in the last two lines, with the remining elements of the claim (e.g., the surface).
In claim 21, --being-- should be added before “made” in lines 3 and 4.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 8, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP2010151733A to Yoshinaga (see the translation provided in the IDS dated 4/20/26).
Referring to claim 1, Yoshinaga discloses a temperature sensing system (figures 1, 3, 7; paragraphs 16, 17, 19, 20, 24, 27) to detect a temperature of a surface (6), the temperature sensing system comprising:
a sensor assembly including a probe head (3, 5) and a temperature sensor (thermocouple 23) disposed within the probe head (3, 5) (paragraphs 16, 17, 19); and
first (21) and second (22) lead wires, at least one of the first (21) and second (22) lead wires suspending the probe head (3, 5) (paragraph 27; wires 21, 22 are used with (5) to change the angle of the probe head (3, 5), and thereby are considered to suspend the probe head) such that the probe head (3, 5) abuts the surface (6), the first (21) and second (22) lead wires comprising different materials (different materials for the first and second lead wires are required to form the thermocouple (23)),
wherein the first (21) and second (22) lead wires are configured to provide multiple degrees of freedom of movement to the probe head and temperature measurements (different angles and rotational movement) (paragraphs 17, 24, 27).
Referring to claim 2, Yoshinaga discloses the probe head (3, 5) being substantially transparent (paragraph 23).
Referring to claim 3, Yoshinaga discloses the probe head being supported by both the first and second lead wires (paragraph 27; wires 21, 22 are used with (5) to change the angle of the probe head (3, 5) and thereby are considered to suspend the probe head).
Referring to claim 8, Yoshinaga discloses that a material of the probe head (3/5) is one of sapphire or quartz (quartz) (paragraph 23).
Referring to claim 20, Yoshinaga discloses the first lead wire being a different metal than a metal of the second lead wire (different metal materials for the first and second lead wires are required to form the thermocouple (23)).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshinaga in view of U.S. Patent Application Publication 2015/0378372 to Orschel et al [hereinafter Orschel].
Referring to claim 7, Yoshinaga discloses a system having all of the limitations of claim 7, as stated above with respect to claim 1, and further discloses that the surface (6) is a surface of a semiconductor wafer and that the temperature sensor (23) is configured to detect a temperature of the wafer surface (figures 2, 7; paragraphs 17, 18).
Yoshinaga is silent as to the material of the semiconductor wafer, thereby not explicitly disclosing that the semiconductor wafer is a silicon wafer.
However, Orschel discloses a system (paragraphs 4, 6, 15, 16, 18, 19, 21, 26, 27, 33, 37) for determining a temperature of a surface of a semiconductor wafer, wherein the wafer is a silicon wafer (paragraph 16) in order to process the wafer and obtain a more rapid and stable temperature of the silicon wafer.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the semiconductor wafer of Yoshinaga of a silicon material since Orschel discloses that it is desirable and known to process a silicon wafer for temperature measurements; and since the particular type of material used to make the semiconductor wafer is only considered to be the use of a “preferred” or “optimum” material out of a plurality of known materials that a person of ordinary skill in the art before the effective filing date of the claimed invention would have been able to provide based on the intended use of applicant’s apparatus, i.e., suitability for the intended use of applicant’s apparatus. See In re Leshin, 125 USPQ 416 (CCPA 1960), where the courts held that a selection of a material on the basis of suitability for intended use of an apparatus would be entirely obvious.
Referring to claim 16, Yoshinaga discloses a system having all of the limitations of claim 16, as stated above with respect to claim 1, except for a computer including a processor and a memory, the memory storing instructions executable by the processor to receive data from the temperature sensor via the first and second lead wires, the data indicating the temperature of the surface; and send an instruction to a power source to adjust power supplied to a heat source to adjust temperature of the heat source.
However, Orschel discloses a system (paragraphs 4, 6, 15, 16, 18, 19, 21, 26, 27, 33, 37) for determining a temperature of a surface of a semiconductor wafer, the system comprising a computer (400) including a processor (405) and a memory (410) (paragraph 21), the memory storing instructions executable by the processor to receive temperature data from a temperature sensor (thermocouple, which is made or first and second lead wires) (paragraph 26); and send an instruction to a power source to adjust power supplied to a heat source to adjust temperature of the heat source (paragraphs 27, 28) in order for a target temperature to be reached faster (paragraph 27).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Yoshinaga with a processor and a memory, the memory storing instructions executable by the processor to receive data from the temperature sensor via the first and second lead wires, the data indicating the temperature of the surface; and send an instruction to a power source to adjust power supplied to a heat source to adjust temperature of the heat source, as suggested by Orschel, in order for a target temperature to be reached faster.
Claims 9 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshinaga.
Referring to claim 9, Yoshinaga discloses a system having all of the limitations of claim 9, as stated above with respect to claim 1, wherein Yoshinaga further discloses that the probe head (3, 5) is made of a material that prevents heat from escaping from the probe head (paragraph 23), but does not disclose the material of the probe head being selected from the group consisting of AlN, SiC, Si, and alumina.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the material of the probe head of Yoshinaga from the group consisting of AlN, SiC, Si, and alumina in order to provide a desired thermal property to prevent heat from escaping from the probe head, which Yoshinaga suggests is desirable; and since the particular type of material used to make the probe head is only considered to be the use of a “preferred” or “optimum” material out of a plurality of known materials that a person of ordinary skill in the art before the effective filing date of the claimed invention would have been able to provide based on the intended use of applicant’s apparatus, i.e., suitability for the intended use of applicant’s apparatus. See In re Leshin, 125 USPQ 416 (CCPA 1960), where the courts held that a selection of a material on the basis of suitability for intended use of an apparatus would be entirely obvious.
Referring to claim 21, Yoshinaga discloses a system having all of the limitations of claim 21, as stated above with respect to claim 1, wherein Yoshinaga further discloses that the first and second lead wires comprise first and second supports (coating), respectively, (paragraph 19) suspending the probe head such that the probe head abuts the surface.
Yoshinaga does not explicitly disclose the supports being flexible; and the first support made of the same material as the first lead wire and the second flexible support made of the same material as the second lead wire.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the supports of Yoshinaga flexible in order for the lead wires to bend with the movement of the probe head, which Yoshinaga suggests is desirable (paragraph 27).
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the first support of the same material as the first lead wire and the second flexible support made of the same material as the second lead wire in Yoshinaga in order to maintain the sane materials used to create the thermocouple junction; and since the particular type of materials used to make the supports are only considered to be the use of a “preferred” or “optimum” material out of a plurality of well-known materials that a person having ordinary skill in the art before the effective filing date of the claimed invention would have been able to provide based on the intended use of applicant’s apparatus, i.e., suitability for the intended use of applicant’s apparatus. See In re Leshin, 125 USPQ 416 (CCPA 1960), where the courts held that a selection of a material on the basis of suitability for intended use of an apparatus would be entirely obvious.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshinaga in view of JPH0854295A to Hironaka (see the translation in the IDS dated 12/11/24).
Referring to claim 14, Yoshinaga discloses a system having all of the limitations of claim 14, as stated above with respect to claim 1, except for the surface being curved and the probe head being shaped based on the curved surface.
However, Hironaka discloses (figure 1a; paragraph 9) a temperature sensor having a probe head that is shaped based on a curved surface in order to enable an accurate temperature measurement of the curved surface.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to shape the probe head of Yoshinaga so that it is shaped based on a curved surface of the wafer (W) in order to enable an accurate temperature measurement of the curved surface, as suggested by Hironaka.
Referring to claim 15, Yoshinaga in view of Hironaka disclose a system having all of the limitations of claim 15, as stated above with respect to claim 14, wherein, in Yoshinaga in view of Hironaka, the probe head will be configured to move about the multiple degrees of freedom along the curved surface.
Allowable Subject Matter
Claims 4-6, 10-13, and 17-19 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and amended to overcome the objections set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose or suggest the following in combination with the remaining limitations of the claims:
A temperature sensing system to detect a temperature of a surface, further comprising a flexible support secured to a portion of at least one of the first lead wire or the second lead wire
and providing multiple degrees of freedom of movement to the probe head, the probe
head is suspended away from an end of the flexible support (claim 4); wherein the first lead wire
includes a platform, and the probe head is supported only by the platform (claim 10); wherein the first and second lead wires are attached to the probe head along a common axis, and the probe head is supported only by the first and second lead wires (claim 13); wherein the instructions
further include instructions to move the probe head to a different portion of the surface and to receive data from the temperature sensor at the different portion of the surface (claim 17); wherein the instructions further include instructions to send an instruction to cease supplying power to the heat source upon receiving data from the temperature sensor indicating that the temperature of the surface exceeds a temperature threshold (claim 18); and wherein the instructions further include instructions to actuate a linear actuator to move the probe head along the surface (claim 19).
Conclusion
The references made of record and not relied upon by the examiner are considered pertinent to applicant's disclosure by each disclosing a contact temperature sensor, but do not disclose the allowable subject matter stated above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRELLYS JAGAN whose telephone number is (571)272-2247. The examiner can normally be reached Tuesday-Friday 8-6.
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/MIRELLYS JAGAN/
Primary Examiner
Art Unit 2855
10/10/26
